IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ADITHYA SONY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 16 OF 2026
| Table of Content |
|---|
| 1. amicable settlement leads to withdrawal of prosecution. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court finds quashing necessary for harmony. (Para 6) |
ORDER
Dated this the 27th day of January, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure ( Section 528 of B.N.S.S.), by the accused in Crime No.1059 of 2021 of Cheranalloor police station, which is pending as C.C. No.63 of 2022 on the file of Judicial First Class Magistrate Court-IX, Ernakulam. The offences alleged against the petitioner are under Sections 323, 324 and 294(b) of the Indian Penal Code.
2. The prosecution case is that, on 30.11.2021 at about 09:15 pm, the accused, who is the relative of the de facto complainant, abused the de facto complainant and her husband, voluntarily caused hurt to them and thereby she is alleged to have committed the aforesaid offences.
3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/victims/respondent Nos.2 and 3 and that they agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against her.
4. The de facto complainant/victim/respondent Nos.2 and 3 filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have no further grievance against the petitioner.
5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victims are not interested in continuing the prosecution against the petitioner.
6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.
In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.C. No.63 of 2022 on the file of Judicial First Class Magistrate Court-IX, Ernakulam arising from crime No.1059 of 2021 of Cheranalloor police station, is quashed under Section 482 of the Code of Criminal Procedure ( Section 528 of B.N.S.S.).
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